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PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

Monday, February 5, 2001

LAND USE MEETING

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The Board of County Commissioners met with Larry Timm, Director of Planning; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Sarah Flick, Environmental Planner; Sean Wheeler and Matt Lafferty, Planners II; Claudia DeLude, Code Enforcement Officer; Rob Helmick, Senior Planner; Doug Ryan, Environmental Planner; Sylvester Mabry, Civil Engineer; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Jean O'Connor.

Chair Rennels stated that the following items are consent and will not be discussed unless requested by the Board or members of the audience.

  1. BLUE MOUNTAIN SUBDIVISION AMENDED PLAT OF LOTS 36 & 53 AND EASEMENT VACATION: SW 1/4 OF SECTION 31, TOWNSHIP 4N, RANGE 69W; LOCATED JUST WEST OF BLUE MOUNTAIN RESERVOIR, ALONG THE WEST SIDE OF BLUE MOUNTAIN AVE, APPROXIMATELY 1/4 MILE NORTH OF THE BOULDER COUNTY LINE.

This is a request to shift the boundary line between Lots 36 and 53 and create a private driveway along the southern boundary line of Lot 36. They are also requesting vacation of a 10-foot utility easement located along the original boundary line. Staff recommendation is approval of (a) the proposed amended plat of Lots 36 and 53, Blue Mountain Subdivision, File #00- S1721 and, (b) vacation of the utility easement located along the original property boundary between Lots 36 and 53 with the following condition 1. The applicant must make the changes to the plat requested by the County's Engineering Department.

2. GALLEGOS REZONING: 03-07-69; AT THE INTERSECTION OF W. VINE DRIVE AND N. SHIELDS IN NW FORT COLLINS

This is a request to rezone the applicant's site from M-Multifamily to C-Commercial. This request will result in the formal recognition of an existing commercial use at the site. Staff recommendation is approval of Gallegos Rezoning subject to the following conditions 1. The applicant will provide a signed Annexation Agreement with the City of Fort Collins; 2. The applicant will renew all expired building permits and comply with inspection requirements noted in the attached memo from the Code Enforcement Section dated November 1, 2000.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve Blue Mountain Subdivision Lots 53 & 35 Amended Plat and Easement Vacation #00-S1721 and Gallegos Rezoning #00-Z1365 as presented and outlined above.

Motion carried 3 - 0.

This item was tabled from December 11, 2000:

3. AMENDED PLAT OF LOVELAND COMMERCIAL PLAZA: SW 1/4, 25-06-69; LOVELAND COMMERCIAL PLAZA SUBDIVISION

This is a request for an amended plat to reduce the number of lots within the Loveland Commercial Plaza from 12 to 6, and to vacate the development right-of-way and abandon corresponding easements, which are to be replaced elsewhere on the site.

Mr. Lafferty stated that the issues with this application are related to Engineering and that the staff person that was working the application is no longer with the County. Mr. Lafferty therefore requested the item be tabled to February 26, 2001 at 3:00 p.m. The applicant, Mr. Forro agreed with this action.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners table the Loveland Commercial Plaza Lots 1-12, Amended Plat #00-S1588 to February 26, 2001 at 3:00 p.m.

Motion carried 3 - 0.

The following item was tabled from December 4, 2000:

4. PAINTER ZONING VIOLATION: 2300 WEST COUNTY ROAD 54G, LAPORTE

This property is in violation of the Larimer County Land Use Code Section 4.1.5: The O-Open zoning district does not allow outside storage or junkyards.

Ms. DeLude stated that an agreement has been reached with the property owner, the site will be in compliance within 90 days, and requested this item be removed from the agenda.

  1. MOBILE WORLD ZONING VIOLATION: 2231 E. MULBERRY STREET, FT. COLLINS

This property is in violation of Larimer County Land Use Code Section 8.7.7; Section 8.7.3 (A), and Table 8.7.3.VI. Ms. DeLude stated that upon inspection of this property, some of the banners have been removed, however there is still an issue with product line advertising banners for which staff will continue to review and requested the item be removed from the agenda.

6. VAN HORN RIDGE APPEAL: 30-08-69; NORTH EAST OF COUNTY ROAD 54G 3/4 MILE SOUTH OF HIGHWAY 287

This is an appeal to the Board of County Commissioners requesting a reduction of the application fee for the Preliminary Plat and Final Plat for a Planned Development of 2 lots. Staff recommendation is to DENY the Van Horn Appeal file # 01-G0020 request to reduce certain application fees.

Mr. Helmick stated that the division of this site into two lots falls in the first fee category, up to 6 lots. This fee is $2400.00 for Preliminary Plats. The Final Plat fee is $3000.00. So the applicants premise is that the fee they are requesting to pay should be 2/6th of the current fee. Mr. Helmick further noted that "review time" for staff and referral agencies is approximately the same for two or six lot land divisions.

Mr. Lyle Van Horn, representative for the applicant noted that the land division is for the benefit of the children of the now deceased owner and therefore expenses relating to the division of the property would not be recovered. Commissioner Bender asked if the land would be subdivided in the future and Mr. Van Horn stated that due to large wetlands, there is no intention to further subdivide in the future.

Much discussion ensued regarding the possibility of and the process for a conservation easement for the undevelopable land i.e. wetlands.

Chair Rennels asked how the fee schedule was derived and Mr. Helmick stated that discussions regarding the public good of the development review process; such as health and safety issues, was considered and that this is based upon the premise of a 50% cost recovery in the development review process.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners deny the Van Horn Appeal #01-G0020.

There being no further business, the hearing was adjourned at 3:30 p.m.

TUESDAY, FEBRUARY 6, 2001

ADMINISTRATIVE MATTERS

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The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Ralph Jacobs, Director of Human Resources; Kathy Burch, County Health Educator; Doreen Kemp, Human Resources Specialist; Ginny Riley, Director of Human Services; Doreen Scott, Division Manager for Child Care Assistance; Ann Keire, Supervisor for Child Care Assistance; Russ Legg, Chief Planner; George Haas, County Attorney; Jeannine Haag, Assistant County Attorney; Donna Hart, Commissioner's Administrative Assistant; Deni La Rue, Community Information Officer; Neil Gluckman, Assistant County Manager; and Jean O'Connor, Clerk to the Board.

1. PUBLIC COMMENT: The Board is available for public comment from 9:00 a.m. - 9:30 a.m.

2. APPROVAL OF THE MINUTES FOR THE WEEK OF JANUARY 29, 2001:

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of January 29, 2001 as presented.

Motion carried 3 - 0.

3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF FEBRUARY 12, 2001:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the schedule for the week of February 12, 2001 as amended.

Motion carried 3 - 0.

  • Invitations: Ms. Hart reviewed pending invitations with the Board.

4. CONSENT AGENDA:

M O T I O N

Commissioner Bender moved that item #13 be removed from the consent agenda for further discussion.

Motion carried 3 - 0.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve following documents as presented on the consent agenda for February 6, 2001:

ABATEMENTS: As recommended by the County Assessor, the following petitions for abatement are approved: Steele; Sals Car Wash; Skaer Farms Properties.

A01-27 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND BFI NORTHERN COLORADO FOR WASTE HAULING FROM THE WELLINGTON TRANSFER STATION

A01-28 MONITORING AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND BI INCORPORATED FOR ELECTRONIC HOME MONITORING SERVICES

C01-03 CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND NATIONAL CONSTRUCTION COMPANY FOR THE REPLACEMENT OF CULVERT #21-0.60-18 AT THE MARIANO EXCHANGE DITCH

C01-04 CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND LORIS AND ASSOCIATES FOR CONSULTING FOR DESIGN OF TAFT HILL ROAD BRIDGE OVER THE POUDRE RIVER

C01- 05 CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE DIVISION OF HOUSING FOR FINAL REPORT ON LARIMER HOMEOWNERSHIP PROGRAM

D01-01 DEED OF DEDICATION OF PROPERTY AS A PUBLIC HIGHWAY BY ROGER K AND KIM K FAIN (PN-232)

D01-02 DEED OF DEDICATION OF PROPERTY AS A PUBLIC HIGHWAY BY DARRELL ROBERT PROWSE (PN-232)

D01-03 DEED OF DEDICATION OF PROPERTY AS A PUBLIC HIGHWAY BY JO ANNE EDWARDS (PN-233)

R01-26s FINDINGS AND RESOLUTION APPROVING THE REU PRELIMINARY RURAL LAND PLAN

R01-27s FINDINGS AND RESOLUTION APPROVING THE ALVERSON PRELIMINARY RURAL LAND PLAN

R01-28g FINDINGS AND RESOLUTION APPROVING THE VACATION OF A PORTION OF THE RIGHT-OF-WAY ON BLUE SPRUCE DRIVE

R01-29g FINDINGS AND RESOLUTION APPROVING THE SPINA RIGHT-OF-WAY VACATION OF A PORTION OF DEDICATED RIGHT-OF-WAY OF COUNTY ROAD 27

R01-30s FINDINGS AND RESOLUTION APPROVING THE EXTENSION OF THE MILLER MINOR RESIDENTIAL DEVELOPMENT

R01-31s FINDINGS AND RESOLUTION APPROVING THE PRELIMINARY PLAT OF BIG BUCK RIDGE PLANNED DEVELOPMENT AND PETITION FOR REZONING

R01-32s FINDINGS AND RESOLUTION APPROVING THE PRATT SUBDIVISION

R01-33z FINDINGS AND RESOLUTION APPROVING THE W.O.L.F. SPECIAL REVIEW TIME EXTENSION

R01-34s FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT AND APPEAL OF WETLANDS DEVELOPMENT STANDARDS IN JONES MINOR RESIDENTIAL DEVELOPMENT

R01-35s FINDINGS AND RESOLUTION APPROVING THE FAIRBANKS/ BOULTER MINOR SUBDIVISION/BOUNDARY LINE ADJUSTMENT

R01-36g RESOLUTION ADOPTING AMENDMENTS TO THE LARIMER COUNTY TRANSPORTATION PLAN AND FUNCTIONAL ROAD CLASSIFICATION MAP

R01-37g RESOLUTION ADOPTING AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE- Technical Supplement: Larimer County Development Standards for the Fossil Creek Reservoir

R01-38s FINDINGS AND RESOLUTION APPROVING THE DELETION OF A CONDITION OF APPROVAL OF THE LEACH MINOR RESIDENTIAL DEVELOPMENT LOT 2

R01-39z FINDINGS AND RESOLUTION APPROVING THE SAMPSON SPECIAL REVIEW PETITION OF GREG ORR

MISCELLANEOUS: Trails at Vista Bonita PUD Amended Plat; Treasurer's Six-Month Report; Public Trustees Fourth Quarter Report and Annual Report for 2000.

LIQUOR LICENSES: The following license is approved The Branding Iron Liquor, Inc- 6%- LaPorte, CO. The following license is issued The Drink-N-Dawg- 6%- LaPorte, Co.

Motion carried 3 - 0.

5. CHILD PASSENGER SAFETY WEEK PROCLAMATION:

Ms. Burch requested the Board proclaim the week of February 11 - 17, 2001 as Child Passenger Safety Week and noted that Larimer County has a high rate of improperly installed car safety seats resulting in injury and/or death of young children. Ms. Burch stated that the Larimer County SAFE KIDS Coalition has planned community events and activities relating to child passenger safety.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners proclaim the week of February 11 -17, 2001 as Child Passenger Safety Week and read the proclamation for the record.

Motion carried 3 - 0.

  1. REQUEST TO FUND PRINTING EXPENSE FOR ANNUAL MULTICULTURAL CONFERENCE:
  2. Ms. Kemp stated that the Northern Colorado Multicultural Corporation (NCMC) will host the 4th Annual Multicultural Conference on March 24, 2001 and is requesting the County's support with an in-kind donation for printing costs in the amount of $1,948.51. Ms. Kemp stated that the mission of NCMC is to move the community toward an environment of mutual respect for all people, regardless of individual differences. Mr. Jacobs noted that he is in support of NCMC and the request for printing funds.

    M O T I O N

    Commissioner Gibson moved that the Board of County Commissioners approve funding in the amount of $1948.51 from the Commissioner's Special Projects Fund to support NCMC in printing costs associated with the 4th Annual Multicultural Conference.

    Motion carried 3 - 0.

    M O T I O N

    Commissioner Bender moved that the Board of County Commissioners recess at 10:40 a.m. and convene as the Board of Human Services.

    Motion carried 3 - 0.

    MEETING OF THE BOARD OF HUMAN SERVICES

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  3. CHILD CARE PROVIDER REIMBURSEMENT RATES:
  4. Ms. Riley stated that provider reimbursement rates have not been increased for a year and requested approval to increase these rates to a sufficient level so that providers will provide childcare to welfare reform participants and working families. Ms. Keire explained the different types of providers and noted that a sliding scale fee is used, which equals approximately 6 - 11% of participant's income.

    M O T I O N

    Commissioner Gibson moved that the Board of Human Services approve the proposed rate structure, increasing the child care provider reimbursement rates.

    Motion carried 3 - 0.

    M O T I O N

    Commissioner Bender moved that the Board of Human Services adjourn at 10:50 and reconvene as the Board of County Commissioners.

    Motion carried 3 - 0.

  5. WORK SESSION:

Mr. Lancaster provided a letter from the Greeley/Weld Economic Development Action Partnership (EDAP) requesting $100,000 from the Larimer/ Weld Revolving Loan Fund (L/WRLF) be lent to the Greeley Community Development Fund (GCDF) at 0% interest. Mr. Lancaster further stated the County staff liaison, as well as the two county appointees to the L/WRLF Board, are unaware of this request. Mr. Lancaster suggested that the L/WRLF Board review the request and provide comment to EDAP. Consensus of the Board is to notify EDAP of the correct procedure and send the request to the Larimer/Weld Revolving Loan Fund Board for comment.

9. COMMISSIONER REPORTS: Commissioner Gibson stated that his first citizen meeting went well and that he met with the Mayor of Berthoud and discussed the Berthoud Interchange. Commissioner Gibson further noted that he met with the Manager of Johnstown and discussed an Intergovernmental Agreement between Johnstown and Larimer County.

Commissioner Bender also stated that his first citizen meeting went well and concerns were expressed with the I-25 Corridor Plan and Dry Creek Drainage Plan. Commissioner Bender furhter noted that he met with the Parks Department staff regarding the maintenance and management of Horsetooth Mountain Park.

Chair Rennels noted that she had testified before the legislature regarding a bill on affordable housing.

10. LEGAL MATTERS:

Mr. Gluckman provided background on proposed Senate Bill 86 (SB 86); which addresses acquisition by eminent domain of recreation trails. Mr. Hass stated the Board already has authority in this area and suggested the Board not support SB 86.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners oppose Senate Bill 86.

Motion carried 3 - 0.

Mr. Gluckman requested Board approval to testify against SB 86 on February 7, 2001.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve opposing testimony by Mr. Gluckman on SB 86 on February 7, 2001.

Motion carried 3 - 0.

Mr. Hass discussed the proposed Open Meetings Bill, which relates to Executive Sessions of the Board and the recording of and/or minute taking of such sessions and suggested the Board not support it due to the confidentiality of such sessions.

Mr. Hass informed the Board that Mr. Patton had written the Secretary of State regarding the possibility of a $150,000 indirect political contribution contained in the contract for the Justice Center. Mr. Lancaster stated that the County, in the original conception of the Justice Center, considered including retail space. Designs for this concept were provided by contractors; however, the County decided against including such space. The money that Mr. Patton is referring to, is the payment to the contractors for their original design, which included the retail space. Mr. Lancaster reiterated that the contractors were only paid for the design work they originally provided.

Ms. Haag stated that she and Mr. Legg had met with the Town of Estes regarding complaints received on short-term rentals in Estes Park. Mr. Legg stated that much consideration was given to short-term rentals during public hearings on the Estes Valley Land Use Code; however the Board of County Commissioners and the Town of Estes Board unanimously adopted the provisions as presented. Commissioner Gibson suggested the neighborhoods form a Homeowners Association and develop covenants (or enforce current covenants) barring these types of rentals. Consensus of the Board is to draft a letter for the Chair's signature, recognizing the concerns and suggest neighborhood agreements or covenants to regulate short-term lease uses.

Chair Rennels suggested the letter also explain how to establish covenants with a Homeowners Association.

Mr. Legg explained item #13 of the consent agenda, which is a resolution that prohibits the "splitting off" of a 35-acre parcel in order to avoid the contiguity requirement for annexation.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve item #13 of the consent agenda as listed.

Motion carried 3 - 0.

R01-40g RESOLUTION ADOPTING AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE

There being no further business, the meeting adjourned at 11:35 a.m.

_________________________________

KATHAY RENNELS, CHAIR

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER

CLERK AND RECORDER

(S E A L)

A T T E S T

__________________________________

Jean M. O'Connor, Clerk to the Board

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.